Private image; create criminal offense for creation, recording or alteration of without consent of depicted individual.

H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~ G1/2
26/HR43/R360
PAGE 1 (ELS\KP)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Ford (73rd)

HOUSE BILL NO. 1115

AN ACT TO AMEND SECTION 97-29-64, MISSISSIPPI CODE OF 1972, 1
TO INCLUDE MATERIAL THAT HAS BEEN EDITED, ALTERED OR OTHERWISE 2
MANIPULATED FROM ITS ORIGINAL FORM IN THE DEFINITION OF "VISUAL 3
MATERIAL" FOR THE CRIMINAL OFFENSE OF DISCLOSING INTIMATE VISUAL 4
MATERIALS; TO AMEND SECTION 97-29-64.1, MISSISSIPPI CODE OF 1972, 5
TO PROHIBIT A PERSON FROM CREATING, RECORDING OR ALTERING VISUAL 6
MATERIAL DEPICTING ANOTHER INDIVIDUAL WITH THE DEPICTED 7
INDIVIDUAL'S INTIMATE PARTS EXPOSED OR ENGAGED IN SEXUAL CONDUCT 8
WITHOUT THE CONSENT OF THE DEPICTED INDIVIDUAL; TO EXEMPT A 9
DEVELOPER OR PROVIDER OF TECHNOLOGY FROM LIABILITY SOLELY FOR 10
PROVIDING OR DEVELOPING TECHNOLOGY USED BY ANOTHER PERSON OR 11
ENTITY TO CREATE, RECORD OR ALTER PROHIBITED VISUAL MATERIAL; AND 12
FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 97-29-64, Mississippi Code of 1972, is 15
amended as follows: 16
97-29-64. As used in this section and Section 97-29-64.1: 17
(a) "Intimate parts" means the naked genitals, pubic 18
area, anus, buttocks or female nipple of * * * an individual. 19
(b) "Promote" means to procure, manufacture, issue, 20
sell, give, provide, lend, mail, deliver, transfer, transmit, 21
publish, distribute, circulate, disseminate, present, exhibit or 22
advertise or to offer or agree to promote. 23
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 2 (ELS\KP)

(c) "Sexual conduct" means sexual contact, actual or 24
simulated sexual intercourse, deviate sexual intercourse, sexual 25
bestiality, masturbation or sadomasochistic abuse. 26
(d) "Simulated" means the explicit depiction of sexual 27
conduct that creates the appearance of actual sexual conduct and 28
during which * * * an individual engaging in the conduct exhibits 29
any uncovered portion of the genitals, buttocks or female nipple. 30
(e) "Visual material" means: 31
(i) Any film, photograph, videotape, negative or 32
slide or any photographic reproduction that contains or 33
incorporates in any manner any film, photograph, videotape, 34
negative or slide depicting an individual who is identifiable from 35
the visual material itself or nature of its transmission engaged 36
in sexual conduct as defined in this section; or 37
(ii) Any disk, diskette or other physical medium 38
that allows an image to be displayed on a computer or other video 39
screen and any image transmitted to a computer or other video 40
screen by telephone line, cable, satellite transmission, or other 41
method depicting an individual who is identifiable from the visual 42
material itself or nature of its transmission engaged in sexual 43
conduct as defined in this section. 44
The term "visual material" includes material described in 45
subparagraphs (i) and (ii) of this paragraph (e) that has been 46
edited, altered or otherwise manipulated from its original form. 47
The term "visual material" further includes material described in 48
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 3 (ELS\KP)

subparagraphs (i) and (ii) that a reasonable person would believe 49
actually depicts an identifiable individual, regardless of whether 50
any portion of the recording depicts another individual or is 51
artificially generated. 52
SECTION 2. Section 97-29-64.1, Mississippi Code of 1972, is 53
amended as follows: 54
97-29-64.1. (1) A person commits an offense if: 55
(a) Without the effective consent of the depicted * * * 56
individual and with the intent to harm the depicted * * * 57
individual, the offender: 58
(i) Discloses visual material depicting 59
another * * * individual with the depicted * * * individual's 60
intimate parts exposed or engaged in sexual conduct; or 61
(ii) Creates, records or alters visual material 62
depicting another individual with the depicted individual's 63
intimate parts exposed or engaged in sexual conduct; 64
(b) At the time of the disclosure, creation, recording 65
or alteration, the offender knows or has reason to believe that 66
the visual material was obtained by the offender or created, 67
recorded or altered under circumstances in which the depicted 68
* * * individual had a reasonable expectation that the visual 69
material would remain private; 70
(c) The disclosure, creation, recording or alteration 71
of the visual material causes harm to the depicted * * * 72
individual; and 73
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 4 (ELS\KP)

(d) The disclosure, creation, recording or alteration 74
of the visual material reveals the identity of the depicted * * * 75
individual in any manner, including through: 76
(i) Any accompanying or subsequent information or 77
material related to the visual material; or 78
(ii) Information or material provided by a third 79
party in response to the disclosure, creation, recording or 80
alteration of the visual material. 81
(2) A person commits an offense if the offender 82
intentionally threatens to disclose, without the consent of the 83
depicted * * * individual, visual material depicting another 84
* * *individual with the depicted * * * individual's intimate 85
parts exposed or engaged in sexual conduct and the offender makes 86
the threat to obtain a benefit: 87
(a) In return for not making the disclosure; or 88
(b) In connection with the threatened disclosure. 89
(3) A person commits an offense if, knowing the character 90
and content of the visual material, the offender promotes visual 91
material described by subsection (1) of this section on an 92
internet website or other forum for publication that is owned or 93
operated by the offender. 94
(4) It is not a defense to prosecution under this section 95
that the depicted * * * individual: 96
(a) Created or consented to the creation of the visual 97
material; or 98
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 5 (ELS\KP)

(b) Voluntarily transmitted the visual material to the 99
actor. 100
(5) It is an affirmative defense to prosecution under 101
subsection (1) or (3) of this section that: 102
(a) The disclosure or promotion is made in the course 103
of: 104
(i) Lawful and common practices of law enforcement 105
or medical treatment; 106
(ii) Reporting unlawful activity; or 107
(iii) A legal proceeding, if the disclosure or 108
promotion is permitted or required by law; or 109
(b) The disclosure or promotion consists of visual 110
material depicting in a public or commercial setting only * * * an 111
individual's voluntary exposure of: 112
(i) The * * * individual's intimate parts; or 113
(ii) The * * * individual engaging in sexual 114
conduct. 115
(6) Where content is provided by another person or entity, 116
nothing in this section shall be construed to impose criminal 117
liability on the following: 118
(a) An Internet service provider, search engine or 119
cloud service provider, or an affiliate or subsidiary of an 120
Internet service provider, search engine or cloud service 121
provider, solely for providing access or connection to or from a 122
website, other information or content on the Internet, or a 123
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 6 (ELS\KP)

facility, system or network not under the control of the provider, 124
including, but not limited to, the transmission, download or 125
intermediate storage of visual material; 126
(b) An interactive computer service, as defined in 47 127
USC Section 230; 128
(c) A provider of an electronic communications service, 129
as defined in 18 USC Section 2510; 130
(d) A telecommunications service, information service 131
or mobile service, as defined in 47 USC Section 153, including a 132
commercial mobile service, as defined in 47 USC Section 133
332(d); * * * 134
(e) A cable operator, as defined in 47 USC Section 135
522 * * *; or 136
(f) A developer or provider of technology solely for 137
providing or developing technology used by another person or 138
entity to violate this section. 139
(7) (a) A first offense under this section is a misdemeanor 140
and, upon conviction, shall be punished by imprisonment in the 141
county jail not exceeding six (6) months or by a fine not 142
exceeding One Thousand Dollars ($1,000.00), or both. 143
(b) A second or subsequent violation of this section is 144
a felony and, upon conviction, shall be punished by imprisonment 145
not exceeding one (1) year or by a fine not exceeding Two Thousand 146
Dollars ($2,000.00), or both. 147
H. B. No. 1115 *HR43/R360* ~ OFFICIAL ~
26/HR43/R360
PAGE 7 (ELS\KP)
ST: Private image; create criminal offense for
creation, recording or alteration of without
consent of depicted individual.
(c) Notwithstanding paragraphs (a) and (b) of this 148
subsection, any offense under this section committed for financial 149
profit shall constitute a felony and, upon conviction, shall be 150
punished by imprisonment not exceeding one (1) year or by fine not 151
exceeding Two Thousand Dollars ($2,000.00), or both. 152
(8) A person shall be subject to prosecution in this state 153
for any conduct made unlawful by this section which the person 154
engages in while: 155
(a) Either within or outside of this state if, by such 156
conduct, the person commits a violation of this section which 157
involves an individual who resides in this state; or 158
(b) Within this state if, by such conduct, the person 159
commits a violation of this section which involves an individual 160
who resides within or outside this state. 161
(9) The provisions of this section are supplementary to the 162
provisions of any other statute of this state. If conduct that 163
constitutes an offense under this section also constitutes an 164
offense under another law, the actor may be prosecuted under this 165
section, the other law, or both. 166
SECTION 3. This act shall take effect and be in force from 167
and after July 1, 2026. 168